Earlier today the Senate Rules Committee approved SB 70, a bill to establish retention elections for judges. The bill also expands terms of office from six to eight years and creates a judicial performance commission. the commission must issue in the year a judge seeks retention ean valuation of “well-qualified,” “qualified,” or “unqualified”. The bill now goes to the Senate Finance Committee.
SB 80, which would sets contributions limits for judicial candidates, made it out of the Senate in 2009 and was today approved by the House State and Local Government Operations Reform, Technology and Elections Committee. The committee made some amendments but retained the Senate’s limits: $2,000 in an election year and $500 in other years. It is now on the House floor and, if approved, would have to be re-approved by the Senate.
Washington State’s proposed public financing system for their Supreme Court elections advances out of its first House Committee, over a year after introduction. HB 1738 of 2009 had its first hearing in March 2009 and lay in the House Committee on State Government & Tribal Affairs until February 2010 when it finally passed and sent on to House Ways & Means. Its Senate counterpart, SB 5912, had a similar resuscitation, finally making it out of its Committee on Government Operations & Elections February 4. According to the Spokesman-Review’s blog, the state’s Lieutenant Governor has ruled, as President of the Senate, the additional $3 charge for filing fees is a tax. Under Washington law, taxes need a two-thirds majority of both chambers, while fees require a simple majority.
Mississippi has seven different types of courts. Five of these use nonpartisan elections (Supreme, Appeal, Circuit, Chancery, County), one uses a straight appointment (Municipal) and one continues to use partisan elections (Justice). Currently, the state’s legislature is considering several bills that take entirely different courses of action for these judicial races.
Meanwhile, HCR 22 would change the Supreme Court into a modified appointment system. Under the constitutional amendment, justices would be nominated by the Governor and confirmed by the Senate. After serving their full term, they would be subject to a yes/no retention election.
It remains to be seen what changes, if any, the legislature opts to make.
On January 21, the U.S. Supreme Court handed down its decision in Citizens United v. Federal Election Commission. The decision may be found here.
Citizens United, along with the Caperton case from 2009, may very well alter the playing field for judicial campaigns for decades to come. While several state courts of last resort have attempted to address issues through the judicial canons, the state legislatures have not been idle. This special edition of Gavel to Gavel looks at the legislation introduced in 2009 and thus far in 2010 that contend with Judicial Campaign Contributions and Expenditures.
The Special Edition can be found here.